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(영문) 서울중앙지방법원 2014.08.08 2013고정5764
대부업등의등록및금융이용자보호에관한법률위반등
Text

The defendant shall be innocent.

Reasons

1. The Defendant, on March 31, 2009, registered credit business with the trade name “F” to the Gangnam-gu Seoul Metropolitan Government Office on March 31, 2009, and operated a lending company in Gangnam-gu Seoul Metropolitan Government G, and voluntarily closed the business around April 7, 2010.

Notwithstanding the fact that the interest rate may not exceed 49/100 per annum when a person who runs a credit business and the Protection of Financial Users Act provides an individual with a loan, the defendant, on February 2009, deducted 240,000 won from the prior interest rate of April 15, 2009 and loaned 17.6 million won per annum to the victim H who was introduced by a laundator who operated a laund house on or around February 2009 and borrowed 1,7.3% per annum for three months, as shown in the attached list I of crimes, with a loan of 11.5 million won per annum until January 21, 2010, and a person who intends to run a credit business receives a restriction on each interest rate of 10,000 won in violation of the attached list 3.5 billion won per annum, and a person who intends to run a credit business is not registered with the authorities and is subject to a restriction on loans from 3.5 million won per annum 201.

(b) No debt collector who violates the Fair Collection of Claims Act shall assault, threaten, arrest or detain a debtor or his/her related person in connection with debt collection, or use a deceptive scheme or force against him/her;

Nevertheless, at around 11:10 on October 24, 2012, the Defendant exercised its power, such as the vehicle from around 11:40 to around 30 minutes of the victim’s residence door in Dongjak-gu Seoul Metropolitan Government I, by using force.

2. Determination:

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